Calcutta High Court (Appellete Side)
Explosive Substances Act vs In Re:- Khitish Mondal on 1 September, 2017
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1 19 1.9.2017
C.R.M. No.8244 of 2017 p.d.
Re: An application for bail under Section 439 Cr.P.C. affirmed on 21.8.2017 in connection with Lalgola Police Station Case No.277/2017 dated 1.7.2017 under Sections 323/325/307/34 of the Indian Penal Code, 1860 along with Sections 25 (1 )(a) and 27 of the Arms Act, 1959 and Sections 3 and 4 of the Explosive Substances Act.
- And -
In re:- Khitish Mondal .... Petitioner.
Mr. Ali Ahsan Alamgir ... For the petitioner. Mr. Partha Pratim Das, Mr. Dipankar Mahato .... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the case diary.
The petitioner is in custody for 62 days and investigation is still in progress. Out of sixteen FIR-named accused persons, four persons, including the petitioner, were arrested and out of them, two co-accused persons have been granted bail - one by the learned court below and another by this Bench by an order passed on August 30, 2017 in connection with CRM No.8170 of 2017.
On perusal of the statements of the eye-witnesses to the occurrence recorded under Section 161 Cr.P.C., which are at pages 21, 26 and 32 of the case diary as also taking into consideration the fact that bail has already been granted to another co-accused person, namely, Robi Mondal, by this Court, who stands on the same footing with the present petitioner, we are inclined to grant bail to the petitioner.
Accordingly, we allow the petitioner's prayer for bail. 2 Let the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad subject to the condition that after release, the petitioner shall not enter the jurisdiction of Lalgola Police Station, except for the purpose of attending the court proceeding and before release, he shall furnish his address to the court below as well as to the officer-in-charge of the concerned Police Station, where he shall reside after his release.
The application for bail is, thus, disposed of.
(Debasish Kar Gupta, J.) (Amitabha Chatterjee, J. )